House Study Bill 587 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL) A BILL FOR An Act regarding matters under the purview of the department of 1 natural resources. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5272DP (5) 83 rn/rj

S.F. _____ H.F. _____ Section 1. Section 17A.7, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. An interested person may petition an agency requesting 3 the adoption, amendment, or repeal of a rule. Each agency 4 shall prescribe by rule the form for petitions and the 5 procedure for their submission, consideration, and disposition. 6 a. Within sixty days after submission of a petition, the 7 agency either shall deny the petition in writing on the merits, 8 stating its reasons for the denial, or initiate rulemaking 9 proceedings in accordance with section 17A.4, or issue a rule 10 if it is not required to be issued according to the procedures 11 of section 17A.4, subsection 1. 12 b. Notwithstanding the sixty-day-response-period 13 requirement specified in paragraph “a” , the department of 14 natural resources, the environmental protection commission, or 15 the natural resource commission, shall respond to a petition 16 requesting the adoption, amendment, or repeal of a rule within 17 one hundred twenty days after submission of a petition. 18 Sec. 2. Section 455B.152, subsection 2, Code 2009, is 19 amended by adding the following new paragraph: 20 NEW PARAGRAPH . c. The department shall coordinate the data 21 collection with the United States environmental protection 22 agency upon the enactment of a federal mandatory greenhouse gas 23 emission reporting rule. 24 Sec. 3. Section 455B.851, subsection 9, Code 2009, is 25 amended to read as follows: 26 9. By September 1 December 31 of each year, the department 27 shall submit a report to the governor and the general assembly 28 regarding the greenhouse gas emissions in the state during 29 the previous calendar year and forecasting trends in such 30 emissions. The first submission by the department shall be 31 filed by September 1, 2008, for the calendar year beginning 32 January 1, 2007. 33 Sec. 4. Section 456A.17, Code 2009, is amended to read as 34 follows: 35 -1- LSB 5272DP (5) 83 rn/rj 1/ 4

S.F. _____ H.F. _____ 456A.17 Funds —— restrictions. 1 1. The following four funds are created in the state 2 treasury: 3 1. a. A state fish and game protection fund. 4 2. b. A state conservation fund. 5 3. c. An administration fund. 6 4. d. A county conservation board fund. 7 2. The state fish and game protection fund, except as 8 otherwise provided, consists of all moneys accruing from 9 license fees and all other sources of revenue arising under the 10 fish and wildlife programs. Notwithstanding section 12C.7, 11 subsection 2, interest or earnings on investments or time 12 deposits of the moneys in the state fish and game protection 13 fund shall be credited to that fund. 14 3. The county conservation board fund consists of all moneys 15 credited to it by law or appropriated to it by the general 16 assembly. 17 4. The conservation fund, except as otherwise provided, 18 consists of all other funds accruing to the department for the 19 purposes embraced by this chapter. 20 5. The administration fund shall consist of an equitable 21 portion of the gross amount of the state fish and game 22 protection fund and the state conservation fund, to be 23 determined by the commission, sufficient to pay the expense of 24 administration entailed by this chapter. 25 6. All receipts and refunds and reimbursements related to 26 activities funded by the administration fund are appropriated 27 to the administration fund. All refunds and reimbursements 28 relating to activities of the state fish and game protection 29 fund shall be credited to the state fish and game protection 30 fund. 31 7. Notwithstanding section 8.33, revenues deposited 32 in the state conservation fund, and remaining in the state 33 conservation fund on June 30 of any fiscal year shall not 34 revert to the general fund of the state but shall remain 35 -2- LSB 5272DP (5) 83 rn/rj 2/ 4

S.F. _____ H.F. _____ available for expenditure for one year after the close of the 1 fiscal year during which such revenues were deposited. Any 2 such revenues remaining unexpended at the end of the one-year 3 period during which the revenues are available for expenditure 4 shall revert to the general fund of the state. 5 8. The department may apply for a loan for the construction 6 of facilities for the collection and treatment of waste water 7 and for the supply, treatment, and distribution of drinking 8 water under the state water pollution control works and 9 drinking water facilities financing program as established in 10 sections 455B.291 through 455B.299. In order to provide for 11 the repayment of a loan granted under the financing program, 12 the commission may impose a lien on not more than ten percent 13 of the annual revenues from user fees and related revenue 14 derived from park and recreation areas under chapter 461A 15 which are deposited in the state conservation fund. If a lien 16 is established as provided in this paragraph, repayment of 17 the loan is the first priority on the revenues received and 18 dedicated for the loan repayment each year. 19 EXPLANATION 20 This bill makes specified changes regarding matters within 21 the purview of the department of natural resources. 22 The bill expands the current 60-day time period specified 23 in Code chapter 17A within which an agency must respond to 24 a petition requesting the adoption, amendment, or repeal of 25 an administrative rule to 120 days, but only for petitions 26 submitted to the department of natural resources, the 27 environmental protection commission, or the natural resource 28 commission. 29 The bill directs the department to coordinate the collection 30 of data from greenhouse gas producers, as required in Code 31 section 455B.152, with the United States environmental 32 protection agency upon enactment by the agency of a federal 33 mandatory greenhouse gas emissions reporting rule, and changes 34 the date by which the department is required to submit a report 35 -3- LSB 5272DP (5) 83 rn/rj 3/ 4

S.F. _____ H.F. _____ to the governor and the general assembly regarding greenhouse 1 gas emissions in the state from September 1 to December 31 2 annually. 3 The bill additionally authorizes the department to apply 4 for loans for the construction of facilities for the supply, 5 treatment, and distribution of drinking water pursuant to 6 the state water pollution control works and drinking water 7 facilities financing program. Code section 456A.17 currently 8 authorizes such loans with regard to the construction of 9 facilities for the collection and treatment of waste water. 10 -4- LSB 5272DP (5) 83 rn/rj 4/ 4